Michigan re-invents the debtor's prison

The ACLU of Michigan issued an incredible press release yesterday, documenting the legal plight of Edwina Nowlin, who has been jailed for the crime of being unable to pay the court $104 per month to pay for her son's incarceration in a juvenile detention facility:

The American Civil Liberties Union of Michigan asked for an emergency hearing today on behalf of an Escanaba woman sentenced to 30 days in jail because she is too poor to reimburse the court for her son’s stay in a juvenile detention facility.

“Like many people in these desperate economic times, Ms. Nowlin was laid off from work, lost her home and is destitute,” said Michael J. Steinberg, ACLU of Michigan Legal Director. “Jailing her because of her poverty is not only unconstitutional, it’s unconscionable and a shameful waste of resources. It is not a crime to be poor in this country and the government must stop resurrecting debtor’s prisons from the dustbin of history.”

In December 2008, Ms. Nowlin’s 16-year-old son was sentenced to the Bay Pines Center and Ms. Nowlin was ordered to pay $104 per month for his lodging. At the time of this order, Ms. Nowlin was homeless and working part-time with a friend after being laid off from her job. She told the court that she was unable to pay the ordered amount, however the judge found her in contempt for failing to pay. In addition, Ms. Nowlin’s requests for a court appointed attorney were denied.

Frankly, if this was dated tomorrow, I'd dismiss it as an obvious over-the-top April Fool prank. I'm sure there's some toxic combination of restrictions and penalties that could be worse than this, but it'd take some deep legal scholarship to uncover it. The law really is an ass.